The Government has many rules regarding the protection of data. Government contractors must understand these rules and the importance of timely and properly marking data that they own or develop in performance of a government contract in order to protect
Government Contracting Matters
Government Contracts & Investigations
Government Contracting Matters, published by Stinson LLP, focuses on legal issues related to government procurement and contracting. The blog covers topics such as federal acquisition regulations, compliance with statutes like the Javits-Wagner-O'Day Act, government shutdown impacts on contracts, procurement consolidation initiatives, and environmental policy considerations affecting government projects. It also addresses tax incentives and regulatory developments relevant to government contractors, including those in renewable energy and biofuels sectors. The blog provides updates on court decisions, executive orders, and administrative guidance that influence government contracting practices and compliance obligations.
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Challenging an Agency’s Determination of Urgent and Compelling Need Can be an Uphill Battle
Even when agencies use simplified acquisition procedures, they generally must maximize competition to the extent practicable. There is, however, an exception to this default rule if only one source is reasonably available based on the urgency of requirements or other…
EO Addressing Threat from Securities Investments in Chinese Military Companies
By Susan Ebner
As a preface to this blog, I recently gave a presentation with Nate Picarsic and Emily de la Bruyere at the American Bar Association Public Contract Law Section Fall Procurement Symposium on “China’s Military-Civil Fusion Strategy Supply Chain Implications.” China’s…
How Late Is Too Late to File a Claim?
By Susan Ebner
The Contract Disputes Act (CDA) governs claims under FAR-based Government contracts. More than forty years after its enactment in 1978, we are apparently still not all in agreement as to when the time for filing a claim has lapsed. On…
COVID-19 Recovery: Are You Ready for the SIGPR?
By Susan Ebner
The COVID-19 pandemic hit the United States in 2020 and Congress responded with legislation to provide a variety of forms of relief to small and large businesses and nonprofits, as well as individuals. In addition to providing relief under vehicles…
If Your Proposal Makes the Agency Work Too Hard, You Have Only Yourself to Blame If You Don’t Win
If the first rule of proposal writing is “give the agency the information it asks for,” the most important corollary is “make the proposal easy to understand.” In other words, clarity and consistency is key; avoid anything in your proposal…
Susan Warshaw Ebner Quoted on New DOD Cybersecurity Rule in Law360
By Susan Ebner
Government Contracts & Investigations Co-Chair Susan Warshaw Ebner recently discussed the impact of the new Department of Defense (DOD) rule that will apply to government contractors in an article by Law360. The interim rule, which was published on September 29…
New Executive Order May Require Contractors to Review Their Diversity and Inclusion Trainings
On September 22, 2020, President Donald Trump issued an executive order on Combatting Race and Sex Stereotyping that the president purports is necessary to combat the “destructive ideology” that is “rooted in the pernicious and false belief that America is…
So … Where’s the Money?
By Susan Ebner
It’s September 24, 2020, and the 2020 fiscal year ends at the stroke of midnight on September 30th. Back in July, the House and Senate had passed their respective versions of the National Defense Authorization Act (NDAA) for FY 2021.…
Government Contractors Susceptible to Increased Liability as Joint Employers After Court Strikes Portions of DOL’s New Joint-Employer Rule
On September 8, 2020, Judge Gregory Woods in the United States District Court for the Southern District of New York struck down the majority of the U.S. Department of Labor’s (DOL) “joint-employer” rule concerning what it takes to be considered…